Whatsapp And Aadhaar – How Privacy Is Affecting Government Policies

The debate on the right to privacy will start on Tuesday when the Supreme Court will hear what the arguments of the central government are.

There are two completely different cases that have made the debate interesting. The first one includes Aadhaar where the government has outlined its argument on privacy not being a fundamental right but a common law right. Article 21 deals with privacy if there is a case of unauthorized intrusion into one’s private details. 

This argument is a polar opposite of what Supreme Court stands for in the case of Whatsapp privacy policy.

The data connected to a certain individual is a part of his/her personality and so Whatsapp privacy policies should fall under Article 21.

Centre has been arguing in favor of the Whatsapp privacy policy. The government believes that the data of a person is highly personal and extends to his personality. 

‘My personal data and information relating to me are a part of my personality. The information is intimate and should reside in Article 21.’ - Nirmal Singh 3C Company

He also argued that if that data is some kind of product or good then it wouldn’t be difficult for the government to let me enjoy my right to ownership and privacy in that case, then why a lapse in fundamental policies regarding personal information. 

A constitution bench will be headed by Justice Dipak Misra which will include five top judges. The bench will hear the plea that will challenge the privacy policy of Whatsapp which is allegedly sharing the information with social media platforms, especially Facebook.

Facebook bought the app back in 2014 and has the full ownership of the same.

‘There should be a well-maintained mechanism for messaging platforms where the personal information is regulated regularly. There is dire need of such a mechanism if we don’t want our very basic fundamental rights to be violated’. - NirmalSingh 3C Company

The central government doesn’t see privacy as a fundamental right of the people. It rather believes that it is just a law and only unauthorized intrusions should fall under the privacy law or Article 21. If anyone has given the permission or has agreed to the terms of a platform then he cannot enjoy the benefits of privacy law/right.

Nirmal Singh 3C Company mentioned in a recent interview that the issue should be resolved by the bench as early as Tuesday if the Supreme Court and the Central government are looking to take a common ground on things.